BOLGER, Justice.
A borrower defaulted on a loan, leading to a non-judicial foreclosure of a deed of trust on his property. He filed suit against the property's new owner and the credit union that initiated the foreclosure, arguing the foreclosure and the transactions preceding it were fraudulent and invalid. The superior
In December 2002 Rand Joseph Hooks Jr. obtained a loan from Homestate Mortgage Company LLC (Homestate) to refinance an existing loan secured by his property. Hooks signed a promissory note evidencing an obligation to repay the loan and a deed of trust giving Homestate a security interest in the property. The day the loan closed, Homestate sold the promissory note and the beneficial interest in the deed of trust to Alaska USA Federal Credit Union (Alaska USA). A Homestate agent signed and transferred the note and also signed a document assigning the beneficial interest to Alaska USA.
In 2015 the loan went into default. Alaska USA referred the defaulted loan and the deed of trust for foreclosure, and through the statutory nonjudicial deed of trust foreclosure process, the property was sold to Dennis Albert. Hooks remained in the property despite the sale, and he filed a pro se complaint against Albert and Alaska USA. Hooks alleged that Alaska USA had committed fraud, that it did not possess the document needed to initiate a foreclosure, and that banks and credit unions are legally prohibited from owning property. Hooks also claimed that he, not Albert, owned the property.
Alaska USA and Albert filed motions for summary judgment in July 2016. After Hooks failed to respond to the motions in a timely manner, the superior court issued a "Notice Regarding Motion for Summary Judgment" that described the requirements for opposing summary judgment and extended the deadline for responding to the motions. However, Hooks did not file an opposition before the new deadline. When Hooks failed to appear at the August 22 trial call, the court took the trial off the calendar and instead held oral argument on the summary judgment motions on the date originally set for trial. At the court's request, Alaska USA sent Hooks a letter explaining the change.
The oral argument took place on August 25, and all parties were present. Before presenting his arguments, Hooks told the court he had not received the defendants' summary judgment motions or the court's notice explaining how to oppose summary judgment; he also said he had not known about the trial call. Hooks explained he had not opened the court's emails because he had not recognized the email address the court had used to send them.
At the oral argument, Hooks contested the legality of the loan origination and the foreclosure on several grounds. He argued that the promissory note he signed during the loan origination process was itself an asset equal in value to the loan he received, that any debt was paid in full when he transferred this asset to the lender, and that he had never received a loan at all. Hooks argued the lender had fraudulently concealed this information, causing him to mistakenly make payments for a number of years. He also argued that there were technical defects in the deed of trust and that Alaska USA had failed to adequately validate the debt upon request.
After oral argument the superior court verified that Hooks had copies of the summary judgment motions and the notice describing how to oppose a motion. The court gave him 15 days to file a written opposition. Hooks filed an opposition on September 2 and a second opposition on September 23. In his oppositions Hooks presented several of the same arguments he had made during oral argument. He also asserted that the loan constituted ultra vires activity and that Alaska USA did not possess the note when the foreclosure was initiated. Alaska USA's and Albert's replies argued that the loan origination and foreclosure were valid and that Hooks's factual assertions were not based on personal knowledge as required under Alaska Civil Rule 56(e).
On September 30 the court entered an order granting the defendants' motions for
During the superior court proceedings, Hooks argued the foreclosure sale was void because the underlying debt was settled, unenforceable, or nonexistent; the deed of trust was deficient; and Alaska USA lacked the authority to foreclose. "We review grants of summary judgment de novo"
Hooks attacks the debt on three closely related grounds. First, he argues that the debt was satisfied in full when he transferred the promissory note to Homestate. He claims his signature imbued the note with a value equal to the value of the loan itself, so after Homestate took possession of the note no further payments were required. Second, he argues Homestate loaned him "credit" rather than "money," as evidenced by the fact he did not personally receive the amount loaned. Hooks claims that the National Bank Act does not authorize Homestate to lend credit
Hooks's claims appear to be premised on two "interrelated and overlapping" legal theories, which other courts have characterized as the "vapor money" theory and the "unlawful money" theory.
Hooks's suit deviates from this archetype in a single respect: he argues the National Bank Act, rather than the United States Constitution, barred Homestate from issuing credit. This argument is untenable; it rests on a misreading of cases interpreting the Act
The vapor money and unlawful money theories "have been repeatedly rejected by every court to consider the issue,"
Hooks's remaining arguments allege various technical deficiencies in both the loan origination process and the foreclosure proceeding. These arguments are similarly unavailing. Hooks has abandoned most of his arguments related to the loan origination by not raising them on appeal.
Hooks challenges the foreclosure itself by arguing Alaska USA did not possess the promissory note when it initiated the foreclosure and was thus not entitled to enforce it,
Hooks has failed to demonstrate any issue of material fact concerning his debt or Alaska USA's entitlement to enforce that debt by requesting the trustee to initiate a nonjudicial foreclosure. We conclude the superior court correctly granted summary judgment in favor of the defendants.
Hooks argues the superior court's conduct during and after the missed trial call, legal conclusions, and use of supposedly demeaning language demonstrated judicial bias. Hooks did not raise this claim in the trial proceeding, but we elect to review it "[i]n light of [Hooks's] status as a pro se litigant."
The requirements for establishing judicial bias are exacting. Litigants cannot rely solely on "adverse rulings" as evidence of bias;
We conclude Hooks's bias claim does not satisfy these stringent requirements. Hooks advances few examples of judicial behavior demonstrating bias, and those that he does discuss are unconvincing. He alleges no extrajudicial source of bias, and neither the evidence of bias he presents nor our review of the record suggests the superior court's interactions with Hooks were influenced by anything other than "the facts adduced [and] the events occurring at trial."
Hooks claims the superior court violated his procedural due process rights
Hooks essentially argues the superior court's decision to resolve his case on the summary judgment motions deprived him of his day in court. However, as we explained in Capolicchio v. Levy,
Hooks was afforded a full opportunity to contest the defendants' motions for summary judgment. At the conclusion of oral argument, the superior court allowed Hooks to file a written opposition to the motions for summary judgment, and gave him 15 days to do so. The court ensured Hooks had copies of the summary judgment motions and the court's order explaining how to oppose a motion for summary judgment. And Hooks did in fact file an opposition before the deadline, which the court considered before granting the defendants' motions. This level of process was, at a minimum, equivalent to the level of process this court found satisfactory in Capolicchio.
For the foregoing reasons, we AFFIRM the superior court's judgment.